The United Arab Emirates (UAE) has seen a slow and steady progression in its legislative approach to handling product liability issues, which it continues to progress.
The UAE has adopted a classification of goods system based on international standards. Furthermore, in 2006, UAE Federal Law No. 24 of 2006 on Consumer Protection (the "Consumer Protection Law") introduced direct product liability regulations across the UAE for the first time. More recently, Federal law No. 10/2018 ("Product Safety Law") was passed, introducing a further set of legal requirements around "unsafe products".
The rights and procedures for filing claims generally are provided for in the Civil Code, Commercial Transactions Code and the Criminal Code. While there is no provision for class actions within the UAE which might give the impression that the region is somewhat protected from the risk of claims by consumers, both the Federal Consumer Protection Department ("CPD") at the Ministry of Economy and the UAE courts are very pro-consumer in their attitudes generally. If the Consumer Protection Law is infringed, then it is rare to see a court ruling in favor of the supplier. Equally, in the event that a supplier reports a "defective" product to the CPD (as required under the Consumer Protection Law), the CPD will require that supplier to work closely with it to make the requisite announcements in order to ensure that consumers are made aware of the issue and are given the opportunity to have their "defective" product repaired or replaced. "Defect" is defined very broadly under the Consumer Protection Law, meaning that the likelihood of a notification being required in the event of discovery of an underlying product issue is, strictly speaking, relatively high.
The UAE is a civil law jurisdiction, which means that the laws and regulations are codified and courts are not bound to follow the prior decisions of superior courts. The majority of court judgments are not publicly available, making it very difficult to extract clear statements of principle from cases, especially as judgments are not intended to be authoritative statements of law.
In the UAE, DLA Piper has in-depth experience in the food, pharmaceutical and consumer product markets, as well as advising on issues around product recall and the liability of directors.